2018-09-06 DOJ SDNY press_release 118 KB 5,568 chars

New York Attorney Pleads Guilty To Tax Fraud Related To Multimillion-Dollar Embezzlement From Deceased Client’s Estate

Caption
United States v. $327,500 to Je Capital Holding Corp., et al.
summary

Steven M. Etkind, a New York attorney and CPA, pled guilty to conspiracy to defraud the United States and tax evasion for embezzling over $3.5 million from a deceased client’s estate by creating a sham charity to launder funds, purchasing a $3 million home, and filing false tax returns, agreeing to pay $1.2 million in restitution and facing up to 10 years in prison.

paragraph

Steven M. Etkind, a New York attorney and CPA, pled guilty to conspiracy to defraud the United States and tax evasion for stealing more than $3.5 million from the estate of a deceased client whose will mandated charitable donations. He created a fraudulent charity, the United Jewish Education Foundation (UJEF), to disguise the theft, redirecting funds to purchase a $3 million Southampton home and other personal expenses through nominee entities he controlled. Etkind filed false tax returns, resulting in $1.2 million in unpaid taxes, and agreed to pay that amount in restitution to the IRS, facing up to five years per charge with sentencing set for January 18, 2019.

narrative

Steven M. Etkind, a New York-licensed attorney and Certified Public Accountant, pled guilty to conspiracy to defraud the United States and tax evasion for orchestrating a multimillion-dollar embezzlement scheme from the estate of a deceased client. As co-executor and co-trustee of a $35 million estate directed to fund two charitable trusts for Jewish organizations, Etkind and a co-conspirator created a sham charity, the United Jewish Education Foundation (UJEF), to launder funds by first making legitimate-looking donations to real nonprofits before siphoning the money into UJEF-controlled accounts. Etkind then directed over $327,500 to JE Capital Holding Corp., a nominee entity he controlled, and used more than $3 million to purchase a luxury 6,300-square-foot home in Southampton, New York, which he later transferred to a nominee trust he owned. To conceal the fraud, he filed fraudulent personal, corporate, and charitable trust tax returns with the IRS, and lied during an IRS audit about the true ownership of the Southampton property. As part of his plea agreement, Etkind agreed to pay $1,208,245 in restitution to the IRS for unpaid taxes on the stolen funds from 2009 and 2010. He faces a maximum of five years in prison on each count, with sentencing scheduled for January 18, 2019, before Judge John G. Koeltl.

Enriched metadata

Scheme
affinity-fraud (95%)
Court
Southern District of New York
Outcome
pleaded
Restitution
$1,208,245
Victim loss
$3,500,000
Classified affinity-fraud(confidence 95%). EDGAR detection: forms Form D· recall 58% / precision 2%. detection rule →
Parties
$327,500 to je capital holding corp.charitable trustsdeceased clientGeoffrey S. Bermaninternal revenue service (irs)je trustJohn G. Koeltlrichard e. zuckermansteven m. etkindtax, trusts, and estates practice group
Keywords
etkindtaxnewclient estateclientestatedeceased clientdivisionlinkfraud relatedrelated multimillion-dollarmultimillion-dollar embezzlementembezzlement deceasedgovernment non-governmentnon-government sites

Extracted insights

Dollar amounts 5
  • $35.00M $35 million $10M–$100M
  • $3.50M $3.5 million $1M–$10M
  • $3.00M $3 million $1M–$10M
  • $1.21M $1,208,245 $1M–$10M
  • $328K $327,500 $100K–$1M
Entities 10
  • company $327,500 to je capital holding corp.
  • person charitable trusts
  • person deceased client
  • person Geoffrey S. Berman
  • agency internal revenue service (irs)
  • company je trust
  • person John G. Koeltl
  • person richard e. zuckerman
  • person steven m. etkind
  • company tax, trusts, and estates practice group
Triples 18
  • Steven M. Etkind pled guilty to conspiracy to defraud the United States and tax evasion
  • Steven M. Etkind embezzled $3.5 million from deceased client's estate
  • Steven M. Etkind was partner at New York law firm
  • Steven M. Etkind served as head of Tax, Trusts, and Estates practice group
  • Steven M. Etkind was named co-executor of $35 million estate
  • Steven M. Etkind was named co-trustee of charitable trusts
  • Steven M. Etkind set up United Jewish Education Foundation (UJEF)
  • Steven M. Etkind directed $327,500 to JE Capital Holding Corp.
  • Steven M. Etkind directed $3 million to purchase Southampton home in 2010
  • Steven M. Etkind purchased 6,300 square-foot home with swimming pool in Southampton, New York
  • Steven M. Etkind transferred title to JE Trust
  • Steven M. Etkind filed fraudulent returns with Internal Revenue Service (IRS)
  • Geoffrey S. Berman is United States Attorney for Southern District of New York
  • Richard E. Zuckerman is Principal Deputy Assistant Attorney General for Tax Division
  • John G. Koeltl is United States District Judge
  • Steven M. Etkind pled guilty before United States District Judge John G. Koeltl
  • Deceased client died in 2008
  • Deceased client named as co-executor Steven M. Etkind
View original DOJ press releasejustice.gov
Extracted body text (5,568c)
Press Release New York Attorney Pleads Guilty To Tax Fraud Related To Multimillion-Dollar Embezzlement From Deceased Client’s Estate Thursday, September 6, 2018 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Richard E. Zuckerman, the Principal Deputy Assistant Attorney General for the Tax Division of the Department of Justice, announced that STEVEN M. ETKIND, a New York-licensed attorney and a Certified Public Accountant, pled guilty today to conspiracy to defraud the United States and tax evasion arising from a scheme to embezzle millions of dollars from a deceased client’s estate. ETKIND pled guilty before United States District Judge John G. Koeltl. Manhattan U.S. Attorney Berman said: “As he admitted in court today, Steven Etkind violated the law, the canons of his profession, and the trust of his client by stealing more than $3.5 million from the client’s estate. Etkind now awaits sentencing for his crimes.” Principal DAAG Zuckerman said: “The fiduciary duty that a lawyer owes to a client is paramount to the practice of law. The Justice Department will prosecute and seek just punishment against any attorney who victimizes their clients for their own personal gain.” According to the allegations contained in the Indictment to which ETKIND pled guilty and statements made in court: ETKIND was a partner at a New York law firm and served as head of the law firm’s Tax, Trusts, and Estates practice group. ETKIND performed legal work for a successful entrepreneur client who, prior to his death in 2008, named ETKIND as co-executor of his $35 million estate. The client’s will directed the creation of two charitable trust private foundations, funded with assets from the client’s estate, for the sole purpose of donating to 501(c)(3) charitable organizations, including those aimed at assisting Jewish-sponsored organizations. ETKIND was named co-trustee of these trusts. Beginning in 2009, ETKIND and his co-conspirator set up a phony charitable organization, the United Jewish Education Foundation (“UJEF”), and used it to steal more than $3.5 million from these charitable trusts. As part of the conspiracy, ETKIND directed that donations from the trusts be first made to legitimate Jewish charitable organizations in order to give the disbursements the appearance of legitimate donations. ETKIND and his co-conspirator then redirected the funds to accounts of UJEF, the phony charity that his co-conspirator controlled. ETKIND subsequently directed his co-conspirator to write checks, totaling $327,500, to a bank account in the name of JE Capital Holding Corp., a nominee corporate entity that ETKIND controlled exclusively. ETKIND further directed more than $3 million to be used in 2010 to purchase a 6,300 square-foot home with a swimming pool in Southampton, New York. The Southampton property was purchased for the use and enjoyment of ETKIND and his family. ETKIND later transferred title of the property to JE Trust, a nominee trust he controlled. To conceal his embezzlement, ETKIND filed, and caused to be filed, fraudulent personal, corporate, and charitable trust returns with the Internal Revenue Service (“IRS”). During the course of a subsequent audit of UJEF by the IRS Tax Exempt & Government Entities Division, ETKIND and his co-conspirator made several false and misleading statements, including about the true ownership of the Southampton Property. * * * ETKIND, 56, of New York, New York, pled guilty to one count of conspiracy to defraud the United States and one count of tax evasion, each of which carries a maximum sentence of five years in prison. As part of the plea agreement, ETKIND agreed to pay restitution in the amount of $1,208,245 to the IRS, which represents the additional tax due and owing as a result of ETKIND’s filing of false individual income tax returns for the 2009 and 2010 calendar years. Sentencing is scheduled for January 18, 2019, before Judge Koeltl. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Koeltl. Mr. Berman and Mr. Zuckerman praised the outstanding efforts by special agents of IRS Criminal Investigation. Mr. Berman also thanked the U.S. Department of Justice’s Tax Division and the IRS’s Tax Exempt & Government Entities Division for their assistance in the investigation. This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Special Assistant United States Attorneys Jorge Almonte and Jack A. Morgan (of the Tax Division) are in charge of the prosecution. Additional information about the Tax Division and its enforcement efforts may be found on the division’s website, https://www.justice.gov/tax. Updated September 6, 2018 Component USAO - New York, Southern Press Release Number: 18-303
OCR text (5,568c · plain-text · 99% conf)
Press Release New York Attorney Pleads Guilty To Tax Fraud Related To Multimillion-Dollar Embezzlement From Deceased Client’s Estate Thursday, September 6, 2018 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Richard E. Zuckerman, the Principal Deputy Assistant Attorney General for the Tax Division of the Department of Justice, announced that STEVEN M. ETKIND, a New York-licensed attorney and a Certified Public Accountant, pled guilty today to conspiracy to defraud the United States and tax evasion arising from a scheme to embezzle millions of dollars from a deceased client’s estate. ETKIND pled guilty before United States District Judge John G. Koeltl. Manhattan U.S. Attorney Berman said: “As he admitted in court today, Steven Etkind violated the law, the canons of his profession, and the trust of his client by stealing more than $3.5 million from the client’s estate. Etkind now awaits sentencing for his crimes.” Principal DAAG Zuckerman said: “The fiduciary duty that a lawyer owes to a client is paramount to the practice of law. The Justice Department will prosecute and seek just punishment against any attorney who victimizes their clients for their own personal gain.” According to the allegations contained in the Indictment to which ETKIND pled guilty and statements made in court: ETKIND was a partner at a New York law firm and served as head of the law firm’s Tax, Trusts, and Estates practice group. ETKIND performed legal work for a successful entrepreneur client who, prior to his death in 2008, named ETKIND as co-executor of his $35 million estate. The client’s will directed the creation of two charitable trust private foundations, funded with assets from the client’s estate, for the sole purpose of donating to 501(c)(3) charitable organizations, including those aimed at assisting Jewish-sponsored organizations. ETKIND was named co-trustee of these trusts. Beginning in 2009, ETKIND and his co-conspirator set up a phony charitable organization, the United Jewish Education Foundation (“UJEF”), and used it to steal more than $3.5 million from these charitable trusts. As part of the conspiracy, ETKIND directed that donations from the trusts be first made to legitimate Jewish charitable organizations in order to give the disbursements the appearance of legitimate donations. ETKIND and his co-conspirator then redirected the funds to accounts of UJEF, the phony charity that his co-conspirator controlled. ETKIND subsequently directed his co-conspirator to write checks, totaling $327,500, to a bank account in the name of JE Capital Holding Corp., a nominee corporate entity that ETKIND controlled exclusively. ETKIND further directed more than $3 million to be used in 2010 to purchase a 6,300 square-foot home with a swimming pool in Southampton, New York. The Southampton property was purchased for the use and enjoyment of ETKIND and his family. ETKIND later transferred title of the property to JE Trust, a nominee trust he controlled. To conceal his embezzlement, ETKIND filed, and caused to be filed, fraudulent personal, corporate, and charitable trust returns with the Internal Revenue Service (“IRS”). During the course of a subsequent audit of UJEF by the IRS Tax Exempt & Government Entities Division, ETKIND and his co-conspirator made several false and misleading statements, including about the true ownership of the Southampton Property. * * * ETKIND, 56, of New York, New York, pled guilty to one count of conspiracy to defraud the United States and one count of tax evasion, each of which carries a maximum sentence of five years in prison. As part of the plea agreement, ETKIND agreed to pay restitution in the amount of $1,208,245 to the IRS, which represents the additional tax due and owing as a result of ETKIND’s filing of false individual income tax returns for the 2009 and 2010 calendar years. Sentencing is scheduled for January 18, 2019, before Judge Koeltl. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Koeltl. Mr. Berman and Mr. Zuckerman praised the outstanding efforts by special agents of IRS Criminal Investigation. Mr. Berman also thanked the U.S. Department of Justice’s Tax Division and the IRS’s Tax Exempt & Government Entities Division for their assistance in the investigation. This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Special Assistant United States Attorneys Jorge Almonte and Jack A. Morgan (of the Tax Division) are in charge of the prosecution. Additional information about the Tax Division and its enforcement efforts may be found on the division’s website, https://www.justice.gov/tax. Updated September 6, 2018 Component USAO - New York, Southern Press Release Number: 18-303